Judgment Search Results Home > Cases Phrase: salary allowances and pension of members of parliament amendment act 2003 Page 2 of about 692 results (0.131 seconds)

Advocate General, Andhra Pradesh, Hyderabad Vs. Rachapudi Subba Rao

Court : Andhra Pradesh

Reported in : 1991CriLJ613

..... their salaries, allowances and pension and even the administrative expenses of the high court are charged on the consolidated fund of the state ..... reads : 'when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction - (a) in the case of a person, who is employed or, as the case may be, was at the time of commission of ..... 103 of the draft constitution read as follows :- 'a judge of the supreme court shall not be removed from his office except by an order of the president passed after an address supported by not less than two-thirds of the members present and voting has been presented to the president by both houses of parliament in the same session for such removal on the ground of proved misbehaviour or incapacity. ..... bakshi tek chand, opposing sri kamath's amendment, expressed the fear that, if the state legislature is empowered to pass a resolution regarding the removal of a judge of a high court, 'the members may be swayed by local prejudices and other considerations. ..... ' shri prabhudayal himatsingka, while opposing sri kamath's amendment, expressed the view that : 'it will be a dangerous thing to do so and to empower the provincial legislature to be able to remove a high court judge .....

Justice S. Obul Reddi Vs. Chairman, Central Board of Direct Taxes and ...

Court : Andhra Pradesh

Reported in : 1996(4)ALT64

..... ) of the andhra pradesh high court, on his appointment as chairman, national industrial tribunal, hyderabad, appointed by government to decide the question relating to pay, salary, allowances and other benefits payable to the employees of regional rural banks constituted by government under the regional rural banks act, 1976, with effect from 30-11-1987 when the tribunal assumed charge:-(i) pay: shri reddi, chief justice (retd. ..... -free official residence provided to a judge under sub- section (1) of section 22a or the allowance paid to him under sub- section (2) of that section;(b) the value of the conveyance facilities provided to a judge under section 22b;(c) the sumptuary allowance provided to a judge under section 22c;(d) the value of leave concession provided to a judge and members of his family,shall not be included in the computation of his income chargeable under the head 'salaries' under section 15 of the income-tax act, 1961.'10. ..... section 22-d was substituted by the high court and supreme court judges (conditions of service) amendment act (20 of 1988) with effect from november 1, 1986. ..... ) will be entitled to a pay which together with pension and pension equivalent of other forms of retirement benefits shall be restricted to rs. ..... 10-27/87-rrbgovernment of indiaministry of financdepartment of economic affairs(banking division)'jeevan deep' buildings, parliament street, new delhi-110001. .....

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... (2) when a judge has been or is so transferred, he shall during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.primacy of the chief justice of india25. ..... it is clear from this provision that the judge's salary is protected by the constitution and the allowances and pension and other benefits conferred on him by the high court judges (conditions of service) act, 1954 are also protected by the proviso, in that, they cannot be varied to his disadvantage after his appointment. ..... constitutionally warranted in respect of the appointment of some other constitutional appointees by the president, namely, (1) the chairman and members of finance commission under article 280(1), (2) the chairman and members of public service commission in the case of union commission or a joint commission under article 316(1); (3) the chief election commissioner and other election commissioners under article 324(2); and (4) the chairman and other members of the commission representing the different languages specified in the eighth schedule under article 344(1); (5) the .....

Lily Thomas Vs. State of Tamil Nadu

Court : Chennai

Reported in : AIR1985Mad240

..... assembly or in the legislative council or in both, whether continuous or not.explanation ii- for the purpose of additional pension referred to in the proviso to su-sec(i), the period of membership in the legislative assembly or in the legislative council or in both need not be continuous.explanation iii for purposes of this section, salary includes salary received under this act and salary received as -(i) a member of the parliament or any other state legislature-(ii) a minister or deputy minister of the government of india or of any other state. ..... to the various provisions in the constitution, some providing for payment of salaries, emoluments and allowances and some specifically providing for pensions to the offices concerned and the petitioner wants this court to draw the inference that since there is no particular article in the constitution envisaging conferment of pension to members of legislative assemblies and legislative councils of a state and who are also not public servants, the conferment of pension on them must be deemed to have been excluded by the constitution ..... any person who has been paid any pension under this act, as in force before the date of publication of the tamil nadu payment of salaries (amendment) act 1980 in the tamil nadu government gazette, becomes entitled to increase in the amount of pension so paid by virtue of the said amendment act, the increase shall be given effect only on and from the date of such publication and he shall not be entitled to .....

M.L. JaIn Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1989SC669; JT1988(3)SC499; 1988(2)SCALE370; (1988)4SCC121; [1988]Supp2SCR496; 1989(1)SLJ178(SC); 1988(2)LC761(SC); 1988(2)WLN344

..... every judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such allowances and rights as are specified in the second schedule:provided that neither the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his advantage after his ..... law is made, every such judge shall be entitled to such salaries, allowances and rights as are specified in the second schedule.7. ..... falls for determination in this order is whether consequent upon the improvement of the service conditions including pension and other benefits by the high court judges (conditions of service) amendment acts, 1986 and 1988 and pursuant to the office memoranda issued by the government of india, ministry of personnel, public grievances and pensions, department of pensions and pensioners welfare dated april 14, 1987 and april 16, 1987 the pension of the petitioner shri m.l. ..... every judge(a) ***** *****(b) who is not a member of the indian civil service but has held any other pensionable civil post under the union or a state, shall, on his retirement, be paid a pension in accordance with the scale and provisions in part iii of the first schedule; it is unquestionable that while the salary of judges of the high court is charged on the consolidated fund of the state, the pension of such high court judges is charged on the consolidated .....

R. Kuppu Rao Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003(2)ALT142

..... though there may be similarities the service conditions of the members were governed by the andhra pradesh administrative tribunal (salaries, allowances and conditions of service of chairman, vice chairman and members) rules, 1989 as amended from time to time. ..... so, the net argument of the petitioner is that he was entitled to pension plus salary in accordance with rule-3 of the andhra pradesh administrative tribunal (salaries, allowances and conditions of service of chairman, vice chairman and members) rules, 1989.6. ..... it enabled the parliament to provide by law for adjudication of disputes or complaints by the administrative tribunals with respect to recruitment and conditions of service of persons appointed to public services and in connection with the affairs of the union or the state. ..... it is an appointment to an independent autonomous tribunal but the union of india and the state government in terms of the act under which the tribunals have been created have power to lay down the conditions of service and in any case it is for the employer to decide what salary has to be paid to those who man such tribunals. ..... the government also in terms of section 35 of the said act issued notification no. ..... the andhra pradesh administrative tribunal has been created under the administrative tribunals act, 1985. .....

The Accountant General, Bihar and anr. Vs. N. Bakshi

Court : Supreme Court of India

Reported in : AIR1962SC505; 1962(0)BLJR594; [1962]Supp1SCR505

..... 3, 1956, the respondent enquired of the accountant general of bihar about the number of passages to which he and the members of his family were entitled under the superior civil services (revision of pay and pension) rules, 1924 - hereinafter called the statutory rules. ..... by the amendment made in the rules in 1926, the passage benefit ceased to be a part of the salary and became and allowance or privilege ..... 19(4) of that act as inclusive of leave pay, allowances and the cost of any privileges or facilities provided ..... the right to passage benefits was statutory, and was under the indian independence act in the nature of an allowance, or in any event privilege or facility paid ..... 3 of the all india services act, 1951, and thereby passage benefits in favour of the members of the indian administrative service, who were originally members of the indian civil service were ..... the parliament of india enacted the all india services act, 61 of 1951, to regulate the recruitment, and the conditions of service of persons appointed, to the all india services common to the union and the states, and ..... in dealing with the status of the members of the former indian civil service since the indian independence act, 1947, this court in state of ..... all india services act, 61 of 1951, the all india services (overseas pay, passage and leave salary) rules, 1957. ..... inter alia as to remuneration under the government of india act of 1919 were expressly guaranteed in favour of the members of the indian civil service. .....

… Appellants Vs. The High Court Employees’ Welfare Association and ...

Court : Kolkata

..... the administrative expenses of a high court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the consolidated fund of the state, and any fees or other moneys taken by the court shall ..... how and in what manner the president of india should act after the chief justice of india submits to him the rules framed by him relating to the salaries, allowances, leave and pensions of the officers and servants of ..... india cannot be compelled to grant approval to the rules framed by the chief justice of india relating to salaries, allowances, leave or pensions, but it is equally true that when such rules have been framed by a very high dignitary of the state, it should be looked upon with respect and unless there is very good reason not to grant approval, the approval should always be granted. ..... its judgment dated 9th january, 2007 disposed of writ petition (civil) 134 of 1999 filed by the welfare association and observed as follows: though the power to make rules in regard to pay and allowances of the high court employees is vested in the chief justice subject to any law made by the parliament, the constitution has advisedly made the power of the chief justice to make such rules conditional upon approval of such ..... members of the constituent assembly who misgivings about the amendment ..... order was passed in this writ petition on 16th november, 2003 where the supreme court noted its earlier judgment in the supreme .....

Chandrakant Uttam Chodankar Vs. Dayanand Rayu Mandrekar and ors.

Court : Mumbai

Reported in : AIR2006Bom16; 2006(2)ALLMR707; 2006(1)MhLj676

..... explanation: for the purpose of the aforesaid entries -(i) 'compensatory allowance' means any sum of money payable to the holder of an office by way of daily allowance, such allowance not exceeding the amount of daily allowance to which a member of the legislative assembly is entitled under the goa, daman and diu salary, allowance and pension of the members of the legislative assembly act, 1964 (2 of 1965), any conveyance allowance, house rent allowance, or travelling allowance for the purpose of enabling him to recoup any expenditure ..... that notwithstanding anything contained in sub-rules (1) and (2), the chairman, vice-chairman or any other member of the board, who is also a member of parliament or of the legislature of a state or union territory, shall not be entitled to any remuneration other than compensatory allowances as defined in clause (a) of section 2 of the parliament of prevention of disqualification act, 1959 or as the case may be other than the allowances, if any, which a member of the legislature of the state or union ..... or the union territory of daman and diu of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modification so made until altered, repealed or amended by a competent legislature or other .....

Lok Prahari Through Its General Secretary S.n.shukla I.a.s. (retd) Vs. ...

Court : Supreme Court of India

..... who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers, and privileges of, but shall not otherwise be deemed to be, a judge of that high court: provided that nothing ..... to introduce the national judicial appointments commission ( njac ) through a constitutional amendment could not withstand the constitutional challenge in supreme court advocates-on-record association & ..... the resolution states as under:"resolved further that, keeping in view the large pendency of civil and criminal cases, especially criminal appeals where convicts are in jail and having due regard the recommendation made by the 17th law commission of india in 2003, the chief justices will actively have regard to the provisions of article 224a of the constitution as a source for enhancing the strength of judges to deal ..... pension; though the precise definition of "privileges" of an ad hoc judge was left to the parliament ..... whether a retired judge must consent to his appointment;2) whether a retired judge draws salary after his appointment as an ad hoc judge;3) whether the appointment of ad hoc judges ..... demon of patronage" and on the other hand views being expressed that it was possibly better to call back a retired judge instead of appointing a 44 member of the bar .....